Public Act 097-0623
 
SB1694 EnrolledLRB097 02679 AJO 49071 b


  
    AN ACT concerning civil law.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  

 
    Section 5. The Code of Civil Procedure is amended  by 
changing Sections 8-802 and 8-2001 and  by adding Section 
8-2001.5 as follows:
 



    (735 ILCS 5/8-802)  (from Ch. 110, par. 8-802)


    Sec. 8-802. Physician and patient. No physician or surgeon 
shall be
permitted to disclose any information he or she may 
have acquired in
attending any patient in a professional 
character, necessary to enable him
or her professionally to 
serve the patient, except only (1) in trials for
homicide when 
the disclosure relates directly to the fact or immediate

circumstances of the homicide, (2) in actions, civil or 
criminal, against
the physician for malpractice, (3) with the 
expressed consent of the
patient, or in case of his or her 
death or disability, of his or her
personal representative or 
other person authorized to sue for personal
injury or of the 
beneficiary of an insurance policy on his or her life,
health, 
or physical condition, or as authorized by Section 8-2001.5, 
(4) in all actions brought by or against the
patient, his or 
her personal representative, a beneficiary under a policy
of 
insurance, or the executor or administrator of his or her 
estate wherein
the patient's physical or mental condition is an 
issue, (5) upon an issue
as to the validity of a document as a 
will of the patient, (6) in any
criminal action where the 
charge is either first degree murder by abortion,
attempted 
abortion or abortion, (7) in actions, civil or criminal, 
arising
from the filing of a report in compliance with the 
Abused and Neglected
Child Reporting Act, (8) to any 
department, agency, institution
or facility which has custody 
of the patient pursuant to State statute
or any court order of 
commitment, (9) in prosecutions where written
results of blood 
alcohol tests are admissible pursuant to Section 11-501.4
of 
the Illinois Vehicle Code, (10) in prosecutions where written

results of blood alcohol tests are admissible under Section 
5-11a of the
Boat Registration and Safety Act,
 (11) in criminal 
actions arising from the filing of a report of suspected

terrorist offense in compliance with Section 29D-10(p)(7) of 
the Criminal Code
of 1961, or (12) upon the issuance of a 
subpoena pursuant to Section 38 of the Medical Practice Act of 
1987; the issuance of a subpoena pursuant to Section 25.1 of 
the Illinois Dental Practice Act; or the issuance of a subpoena 
pursuant to Section 22 of the Nursing Home Administrators 
Licensing and Disciplinary Act.

    In the event of a conflict between the application of this 
Section
and the Mental Health and Developmental Disabilities 
Confidentiality
Act to a specific situation, the provisions of 
the Mental Health and
Developmental Disabilities 
Confidentiality Act shall control.

(Source: P.A. 95-478, eff. 8-27-07.)

 



    (735 ILCS 5/8-2001)  (from Ch. 110, par. 8-2001)



    Sec. 8-2001. Examination of health care records. 

    (a) In this Section:
    "Health care facility" or "facility" means a public or

private hospital, ambulatory surgical treatment center, 
nursing home,
independent practice association, or physician 
hospital organization, or any
other entity where health care 
services are provided to any person.  The term
does not include 
a health care practitioner.

    "Health care practitioner" means any health care 
practitioner, including a physician, dentist, podiatrist, 
advanced practice nurse, physician assistant, clinical 
psychologist, or clinical social worker. The term includes a 
medical office, health care clinic, health department, group 
practice, and any other organizational structure for a licensed 
professional to provide health care services. The term does not 
include a health care facility.

    (b) Every private and public health care facility shall, 
upon the request of any
patient who has been treated in such 
health care facility, or any person, entity, or organization 
presenting a valid authorization for the release of records 
signed by the patient or the patient's legally authorized 
representative, or as authorized by Section 8-2001.5, permit 
the patient,
his or her health care practitioner,

authorized 
attorney, or any person, entity, or organization presenting a 
valid authorization for the release of records signed by the 
patient or the patient's legally authorized representative to 
examine the health care facility
patient care records,

including but not limited to the history, bedside notes, 
charts, pictures
and plates, kept in connection with the 
treatment of such patient, and
permit copies of such records to 
be made by him or her or his or her
health care practitioner or 
authorized attorney.
    (c) Every health care practitioner shall, upon the request 
of any patient who has been treated by the health care 
practitioner, or any person, entity, or organization 
presenting a valid authorization for the release of records 
signed by the patient or the patient's legally authorized 
representative, permit the patient and the patient's health 
care practitioner or authorized attorney, or any person, 
entity, or organization presenting a valid authorization for 
the release of records signed by the patient or the patient's 
legally authorized representative, to examine and copy the 
patient's records, including but not limited to those relating 
to the diagnosis, treatment, prognosis, history, charts, 
pictures and plates, kept in connection with the treatment of 
such patient.
    (d)  A request for copies of the records shall
be in writing 
and shall be delivered to the administrator or manager of
such 
health care facility or to the health care practitioner. The

person (including patients, health care practitioners and 
attorneys)
requesting copies of records shall reimburse the 
facility or the health care practitioner at the time of such 
copying for all
reasonable expenses, including the costs of 
independent copy service companies,
incurred in connection 
with such copying not to
exceed a $20 handling charge for 
processing the
request and the actual postage or shipping 
charge, if any, plus: (1) for paper copies
75 cents per page 
for the first through 25th pages, 50
cents per page for the 
26th through 50th pages, and 25 cents per page for all
pages in 
excess of 50 (except that the charge shall not exceed $1.25 per 
page
for any copies made from microfiche or microfilm; records 
retrieved from scanning, digital imaging, electronic 
information or other digital format do not qualify as 
microfiche or microfilm retrieval for purposes of calculating 
charges); and (2) for electronic records, retrieved from a 
scanning, digital imaging, electronic information or other 
digital format in a electronic document, a charge of 50% of the 
per page charge for paper copies under subdivision (d)(1). This 
per page charge includes the cost of each CD Rom, DVD, or other 
storage media. Records already maintained in an electronic or 
digital format shall be provided in an electronic format when 
so requested.
If the records system does not allow for the 
creation or transmission of an electronic or digital record, 
then the facility or practitioner shall inform the requester in 
writing of the reason the records can not be provided 
electronically. The written explanation may be included with 
the production of paper copies, if the requester chooses to 
order paper copies. These rates shall be automatically adjusted 
as set forth in Section 8-2006.
The facility or health care 
practitioner may, however, charge for the
reasonable cost of 
all duplication of
record material or information that cannot 
routinely be copied or duplicated on
a standard commercial 
photocopy machine such as x-ray films or pictures.

    (e) The requirements of this Section shall be satisfied 
within 30 days of the
receipt of a written request by a patient 
or by his or her legally authorized
representative, health care 
practitioner,
authorized attorney, or any person, entity, or 
organization presenting a valid authorization for the release 
of records signed by the patient or the patient's legally 
authorized representative. If the facility
or health care 
practitioner needs more time to comply with the request, then 
within 30 days after receiving
the request, the facility or 
health care practitioner must provide the requesting party with 
a written
statement of the reasons for the delay and the date 
by which the requested
information will be provided. In any 
event, the facility or health care practitioner must provide 
the
requested information no later than 60 days after receiving 
the request.

    (f) A health care facility or health care practitioner must 
provide the public with at least 30 days prior
notice of the 
closure  of the facility or the health care practitioner's 
practice. The notice must include an explanation
of how copies 
of the facility's records may be accessed by patients. The

notice may be given by publication in a newspaper of general 
circulation in the
area in which the health care facility or 
health care practitioner is located.

    (g) Failure to comply with the time limit requirement of 
this Section shall
subject the denying party to expenses and 
reasonable attorneys' fees
incurred in connection with any 
court ordered enforcement of the provisions
of this Section.

(Source: P.A. 94-155, eff. 1-1-06; 95-478, eff. 1-1-08 (changed 
from 8-27-07 by P.A. 95-480); 95-480, eff. 1-1-08.)

 
    (735 ILCS 5/8-2001.5 new)
    Sec. 8-2001.5. Authorization for release of a deceased 
patient's records. 
    (a) In addition to disclosure allowed under Section 8-802, 
a deceased person's health care records may be released upon 
written request of the executor or administrator of the 
deceased person's estate or to an agent appointed by the 
deceased under a power of attorney for health care. When no 
executor, administrator, or agent exists, and the person did 
not specifically object to disclosure of his or her records in 
writing, then a deceased person's health care records may be 
released upon the written request of:
        (1) the deceased person's surviving spouse; or
        (2) if there is no surviving spouse, any one or more of 
    the following: (i) an  adult son or daughter of the 
    deceased, (ii) a parent of the deceased, or (iii) an adult 
    brother or sister of the deceased.
    (b) Health care facilities and practitioners are 
authorized to provide a copy of a deceased patient's records 
based upon a person's payment of the statutory fee and signed 
"Authorized Relative Certification", attesting to the fact 
that the person is authorized to receive such records under 
this Section.
    (c) Any person who, in good faith, relies on a copy of an 
Authorized Relative Certification shall have the same 
immunities from criminal and civil liability as those who rely 
on a power of attorney for health care as provided by Illinois 
law.
    (d) Upon request for records of a deceased patient, the 
named authorized relative shall provide the facility or 
practitioner with a certified copy of the death certificate and 
a certification in substantially the following form:
 
AUTHORIZED RELATIVE CERTIFICATION  

 
    I, (insert name of authorized relative), certify that I am 
an authorized relative of the deceased (insert name of 
deceased). (A certified copy of the death certificate must be 
attached.)
 
    I certify that to the best of my knowledge and belief that 
no executor or administrator  has been appointed for the 
deceased's estate, that no agent was authorized to act for the 
deceased under a power of attorney for health care, and the 
deceased has not specifically objected to disclosure in 
writing. 
 
    I certify that I am the surviving spouse of the deceased; 
or 
 
    I certify that there is no surviving spouse and my 
relationship to the deceased is (circle one):
        (1) An adult son or daughter of the deceased. 
        (2) Either parent of the deceased.
        (3) An adult brother or sister of the deceased.
 
    This certification is made under penalty of perjury.*
 
Dated: (insert date)
 
.................................
(Print Authorized Relative's Name)
.................................
(Authorized Relative's Signature)
.................................
(Authorized Relative's Address)
 
*(Note: Perjury is defined in Section 32-2 of the Criminal Code 
of 1961, and is a Class 3 felony.) 
  
 
    Section 10. The Illinois Power of Attorney Act is amended 
by changing Section 4-3 as follows:
 



    (755 ILCS 45/4-3)  (from Ch. 110 1/2, par. 804-3)



    Sec. 4-3. General principles. The health care powers that 
may be
delegated to an agent include, without limitation, all 
powers an individual
may have to be informed about and to 
consent to or refuse or withdraw any
type of health care for 
the individual and all powers a
parent may have to control or 
consent to health care for a minor child.  A
health care agency 
may extend beyond the principal's death if necessary to
permit 
anatomical gift, autopsy, or disposition of remains, or access 
to medical records.  Nothing in this
Article shall impair or 
supersede any legal right or legal responsibility
which any 
person may have to effect the withholding or withdrawal of

life-sustaining or death-delaying procedures in any lawful 
manner, and the
provisions of this Article are cumulative in 
such respect.

(Source: P.A. 85-701.)

 
    Section 99. Effective date. This Act takes effect October 
1, 2011.